[Farm A.C.]

Restraining order to be filed against Cathedral City medical marijuana dispensary

The Desert Sun wire services

A temporary restraining order will be filed today against a Cathedral City medical marijuana dispensary, prohibiting it from possessing, selling or distributing marijuana.

U.S. District Judge Stephen G. Larson issued the order yesterday against
Essential Herbs and Oils and its owners, Virginia Hurn and Teresa Sotelo, according to Cathedral City Deputy City Attorney Steve Quintanilla.

In his order, Larson wrote that the defendants ``seek refuge in California law which legalizes the use of marijuana. However, federal law prohibits distribution of all marijuana, and does not provide an exception for marijuana used for medical purposes.

``The United States Supreme Court has held that, in light of the Supremacy Clause, federal law controls on this point. Therefore, California law legalizing the medicinal use of marijuana provides no safe harbor for defendants ...''

A hearing on the city's request for a permanent injunction is scheduled
for March 3.

The dispensary's Brea-based attorney, Anthony Curiale, could not be reached for comment, but previously said medical marijuana is legal under California law and ``not a criminal act.''

The temporary restraining order against the dispensary will be filed with the U.S. Marshals Service and the Cathedral City Police Department.

If the order is violated, the city will ask the judge to issue a civil contempt
citation, Quintanilla said.

Quintanilla said he felt confident that, based on Larson's order, a permanent injunction would be granted.

``This is why we went to federal court,'' Quintanilla said, adding that the city would also proceed with plans to revoke the dispensary's business license.

Essential Herbs and Oils opened about a month ago with a business license to make and sell herbs, spices and extracts, he said.

Cathedral City and Rancho Mirage are the only Coachella Valley cities without a moratorium or ban against medical marijuana.

Quintanilla, who is also the city attorney for Rancho Mirage, has said neither action is needed by the respective cities because even though California voters approved Proposition 215, federal statutes take precedence over any conflicting state or local laws.

http://www.mydesert.com/apps/pbcs.dl...06/1263/update

[squatter420]

This is an intersting change of tactics. This is the approach that was being used by the Federal government during the Clinton administration. Civil actions to thwart the MMJ movement in CA. While I don't apprciate their goals, I do feel better if they do switch from criminal prosecutions to this civil procedure angle again.

[josh_420]

This is a bunch of crap. Just more bible thumping ignorant ass people going to the feds to solve their issues with mmj because they know that the state has enough sense to recognize mmj as a legitimate medical product. Don't worry though, soon enough it will be impossible to lie to yourself about mmj because all of the thousands of studies can speak for themselves!

[Greenbud]

Sounds like a dangerous precedent.

[Smilodon]

So, if this was a Clinton tactic, is this what we can expect from Hillary? Would Obama follow the same path? It would appear that while the DEA may stop raiding clubs that the Dems would use just another tactic to cripple this movement.


What I wouldn't give for a clear statement that one of them would simply make the change in classification to 3 or 4. (plz, I am not starting another RP thread).

Does anyone think that this action and the letters to landlords are not connected? Sounds to me like the machine is laying out its campaign for the next presidents attitudes and abilities to come after CA and the other States.

Save the 10th amendment.

[bigredalbert]

such bs i tell ya bs....although yes...it is better than a criminal conviction

Originally Posted by Farm A.C.

In his order, Larson wrote that the defendants ``seek refuge in California law which legalizes the use of marijuana. However, federal law prohibits distribution of all marijuana, and does not provide an exception for marijuana used for medical purposes.

``The United States Supreme Court has held that, in light of the Supremacy Clause, federal law controls on this point. Therefore, California law legalizing the medicinal use of marijuana provides no safe harbor for defendants ...''

So...according to this argument state law holds absolutely no weight at all in this situation? Can someone explain how this doesn't simply allow them to shut down all the dispensaries?

(I'm not being argumentative, I'm honestly trying to understand the law and our rights here.)

[310smoke]

why didnt they get a mmj licience since there was no ban in the city , ?

[949Kush]

All the Cops in this area are well versed in Federal Law and dont care much about State.

[Deejaycruise]

Originally Posted by darkintheglow

So...according to this argument state law holds absolutely no weight at all in this situation? Can someone explain how this doesn't simply allow them to shut down all the dispensaries?

(I'm not being argumentative, I'm honestly trying to understand the law and our rights here.)

Yes all dispensaries can be closed using this tactic but it takes a city with no compassion to take this step. The Cities that have allowed (or tolerated) dispensaries have been convinced of the efficacy of the medicine and wish to help the sick. In a federal court the state law has no value. I do not think the city has right to take it to federal court but they will try just about anything to protect their community from a nuisence such as this that sells the ill legal medicine.

Originally Posted by 310smoke

why didnt they get a mmj licience since there was no ban in the city , ?

What MMJ license? Most cities withhold business licenses to anyone who specifies MMJ on their application. Most cities revoke business licenses issued to MMJ dispensaries that did not specify MMJ, and claim the applicant decieved them.

The action being taken by Cathedral City is much better than calling in the DEA, or taking action with their own police. The effect on patients is the same, NO SAFE ACCESS TO MEDS. The effect upon the operators is not similar at all, they may lose money, but if they lose this and get a restraining order issued the operators still have their freedom.

You have to appreciate the fact that they are trying to look at least a little civil in this matter and not totally destroy the lives of the operators just yet. But they will if they have to. They have allready showed their hand, they have no compassion for the ill.

Take a moment to give thanks to the Cities of San Francisco, Los Angeles, West Hollywood, Oakland and a few others that tolerate this land use. You got to love them for listening to the concerns of the sick and dying, I know I do. Too many cities refuse to listen.

Originally Posted by 949Kush

All the Cops in this area are well versed in Federal Law and dont care much about State.

I don't know that the LEOs are actually well versed in ANY laws...

[jimichunga]

Originally Posted by Farm A.C.

Quintanilla, who is also the city attorney for Rancho Mirage, has said neither action is needed by the respective cities because even though California voters approved Proposition 215, federal statutes take precedence over any conflicting state or local laws.

This is the most tired, whack ass statement.... ever.

[squatter420]

Medical marijuana dispensary uncertain on reopening
Cathedral City denied injunction, but owners could wait on reopening

By PAUL YOUNG • City News Service • March 3, 2008


The owners of Essential Herbs and Oils, a medical marijuana dispensary in Cathedral City, were uncertain if they would reopen on Tuesday after a federal judge refused today to issue a preliminary injunction sought by city officials against the shop.

"I can open if I want. I’m not sure I’m going to jump right into it," said Virginia Hurn, an owner of the shop, following the decision.

In turning down the injunction, Riverside-based U.S. District Judge Stephen G. Larson said that while he understood the city's ``frustration,'' he did not have authority to order the business to cease operations.

``This is complicated by a number of factors,'' Larson said. ``It's complicated by the will of the people of California and the will of the people of Cathedral City. The question is whether the city has a right to bring this action to this court at this time.''

Larson said he could find no Congressional or U.S. Supreme Court precedent to validate a ``private right of action'' by Cathedral City, emphasizing that a federal preliminary injunction for alleged violations of the 1970 Controlled Substances Act should have been sought by the U.S. Justice Department.

``I understand the city's frustration,'' the judge said. ``But I cannot resolve whether the court has the authority to do what you're asking it to do.''

Last week, Larson issued a temporary restraining order against Essential Herbs and Oils and its owners, Hurn and Teresa Sotelo, prohibiting them from possessing, selling or distributing marijuana.

In his order, Larson wrote that ``defendants seek refuge in California law which legalizes the use of marijuana. However, federal law prohibits distribution of all marijuana, and does not provide an exception for marijuana used for medical purposes.''

ACLU Foundation attorney Allen Hopper, representing Essential, argued today that if Cathedral City wanted to shut down the business, it should pass a moratorium on licensing medical marijuana dispensaries -- or revoke Essential's business license.

Joan Stevens Smyth, representing Cathedral City, said the revocation process was under way. She told the judge that the city believed the application of federal law would result in a speedier outcome, and the city was concerned about passing a moratorium because ``we figured we'd get sued and end up in state court.''

Larson dissolved the temporary restraining order, giving Essential's owners the ability to stay open for business, Smyth said.

``There's nothing stopping them right now,'' she said.

According to the attorney, the matter will go back to Cathedral City's council and mayor, who will ultimately decide whether to try to appeal Larson's ruling to the U.S. 9th Circuit Court of Appeals.

Smyth expected the city to solicit the help of the U.S. Attorney's Office in any future actions against the dispensary.

Essential's Brea-based attorney, Anthony Curiale, said medical marijuana is legal under California law and ``not a criminal act.''

``This is an issue of state's rights, and the city seems not to care that the people of California voted to allow seriously ill individuals to obtain the medicine recommended to them by their physicians,'' Curiale said last week.

"The law was on all our side," Curiale said following the deicsion. "Whether or not my clients will reopen, I will discuss with them. I would prefer to work with the city as opposed to fight them."

Cathedral City and Rancho Mirage are the only Coachella Valley cities without a moratorium or ban against medical marijuana.

Cathedral City Deputy City Attorney Steve Quintanilla, who is also the city attorney for Rancho Mirage, has said a ban is unnecessary because even though California voters approved Proposition 215, federal statutes take precedence over any conflicting state or local laws.

Essential Herbs and Oils opened about a month ago on East Palm Canyon Drive with a business license to make and sell herbs, spices and extracts, according to Quintanilla.

http://www.mydesert.com/apps/pbcs.dl...EWS08/80303001